NC0024244_Enforcement (LV-2020-0060)_20200205 (2)

ROY COOPER
Govvenor
MICHAEL S. REGAN
Secrmir
S. DANIEL SMITH
cfrire.-mr,
Certified MalI # 7017 2620 0000 6789 4919
Return Receipt Requested
Michael ..1 Ferris, City Manager
City of Albemarle
PO Box 190
Albemarle, NC 28002-0190
'‘'55 55284,55'
NORTH CAROLING
Enviranatental Quality
February 05, 2020
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215,1(1, 6'
and NPDFS WW Permit No. NC0024244
City of Albemarle
Long Creek WWII'
Case No, LV-2020-0060
Stanly County
Dear 1V1r., Ferris:
This, letter transmits a Notice of Violation and assessment of civil penalty in the amount of1 5.76
penalty -+ f 15,76 enforcement (osts) against City of Albemarle.
0000 civil
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(1)MR) submitted by City of Albemarle for the month of February 2019. This review has shown the subject facility to be
in violation of the discharge limitations andlor monitorim..3 requirements found in NPDES WW Permit No, NC0024244.
The violations, which occurred in February 2019. are summarized in Attachment A to this letter,
Based upon the above :facts, 1 conclude as a matter of law that City of Albemarle violated the terms, conditions or
requirements of NPDES WW Permit No, NC0024244 and Ci,S, 143-215.1(a)(6) in the manner and extent shown in
Attachment A. In accordance with the maximums established by G.S. 143-215,6A(a)(2), a civil penalty may be
assessed against any person who violates the terms, conditions or requirements of a permitrequired by G.S.
143-215,1(a).
884425555
845115 CarerDepartrne et 05 8454 855554,ets: Q Dvs5,55 AN4445 R4so2e54s
h' 252 fea",/ e R.egoes Cff 612 E Ccerte,' Ave e44 If 301 Al 45 4445 -4 14215 5455 ea 2811!
724-663-18599

Based upon the above findingsof fact and conclusions of law, and in accordance with authority provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, 1, W. Corey
Basinger, Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against
City of Albemarle:
$2 000.00 of 1 violations of G.S. 143-215.1(a)(6) and Permit No, NC0024244, by discharging W a st e water
into the waters of the State in violation of the Permit Monthly Average for Nitrogen, Ammonia,
Total N) - Concentration
$2,000.00
1 of 1 violations of G.S. 143-215.1(a)(6) and Permit No. NC0024244, by discharging waste water
into the waters of the State in violation of the Permit Monthly Average for Solids, Total
Suspended - Concentration
aborts of G.S. 143-215. I (a)(6) and Permit No. NC0024244, by discharging waste water
into the waters of the State in violation of the Permit Weekly Average for Nitrogen, Ammonia Total (as N) - Concentration
$0.00 0 of 1 violations of G.S. 143-215.1(a)(6) and Permit No. NC0024244, by discharging waste water
into the waters of the State in violation of the Permit Weekly Average for Solids, Total Suspended
- Concentration
TOTAL CIVIL PENALTY
$115.76 Enforcement Costs
5.76 TOTAL AMOUNT DU
Pursuant o G.S. 143-215.6A(c), in determining the amount of the penalty 1 have taken into account the Findings of Fact and
Conclusions of 1„aw and the factors set forth at G.S. 143B-282.1(b), which are:
(1) "The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
The duration and gravity ofthe violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) 'The cost of rectifying the damage;
(5) The amount of money saved by .noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) 'file prior record of the violator in complying or failing to comply with programs over which the Environmenta]
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.

'Within thirty
ays oi rcceipl of this notice, you most do one of the following:
(I) Submit payment of the penalty, OR
(2) Submit a written requestfor remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment. should be made directly to the order of the Department of .Environmental Quality (do not include waiver
form), Payment of the penalty will not foreclose further enforcement action for any continuing or new '. iolation(s),
Please submitpayment to the attention of:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-:I.617
Option 2: Submit a written request for remission or mitigation including a detailed justification fur such
request:
Please he aware that a request. .for remission is limited. to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must he accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should he remitted, and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will he approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(h) as wrongfully
applied to the detriment of the petitioner:
(2) wh.ether the violator promptly abated continuing enviromnental damage resulting from the violation;
(3) hether the violation Was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) Whet her payment of the civil penalty will prevent payment for the remaining necessary remedial actions,
Please note that all evidence presented in support of your request for remission must he submitted in writing., The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request, 'lite response will provide details regarding the ease status, directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty'
Remissions (Committee), Please be advised that the Commit -tee cannot consider information that was not part oldie
original remissionrequest considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.

In order to request rerrlission,you must complete and submit the enclosed "Request for Remission of Civil Penalties,
of Riltt to Administrative Hearin 7 arud Sti elation of Facts" form within thirty 0 da s of recei t of this
notice. he Division of Water Resources also requests that you complete and submit the enclosed `'Justification for
Remission Request."
Both forms should be submitted to tare folloing address
Option 3: File a
Wastewater Branch
Division of Water Resources
1617' Mail Service Center
Raleigh, North Carolina 27699-161.7
n ad
hearing with the Office of Administrntiae Hearings:
if you wish to contest any statement in the attaehed a.ssessnicnt document you must file a petition for an administrative
hearing. You may obtain the petition form from. the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a tiling fee (if a filing fee is required by NCGS §150B-23,2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all uq estions rejzarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax ntrmhers for the Office of Adrrrinistrat'ive Hearings are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
'fel; [phone]
Fax: [phone]
1) copy of the petition must also be served on D"Q as follows:
Mr. Williat _.ane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may he assessed for violations
that occur after the review period of this assessment.

sac any quest i r s )lease contact Roberta SOO
a1 Office at (2 2) 4 6 1 or sia email at roberto,sche
A1..1'A :F1MI f 1T'
incer1
E1
Div
t cd
on of t r Res( roes staff` oftt e Mo resvi
;v,.
Al4CC681AF27425,..
Corey Basinger, Regional uper°visor
Water Quality(e Tonal Op rati ns Section
Morsri11e Fief
(Division of \ 'a.ter R source , ` f »,%
WQS Moor Re
NPDES (. on pliance/ nfi rc.e rae t [.t it 1 forcem

JUST' I IC'ATION FOR REMISSION R O JEST
Case Number: LV-24)20-0060
Assessed Party: City of Albemarle.
Permit No.: NC0024244
of Rig
hould attach any documents that you believe support yo
County: Stan
Amount Assessed: $6, t 15.76
esting remis Ton must also complete the "Request For Remission,
give (fearing, and Stipulation'" form to request remission of this civil penalty.
t and are necessary for the Director to consider in
evaluating your request for remission, Please be aware that a request for remission is Limited to consideration of the live
factors listed below as they may relate to the reasonableness ref the amount of the civil penalty assessed. Requesting
re'roission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(b) tl
steps
td
1
violator promptly aha.tec
nt factors in NC.(3LS. 143B-282.1(b) were wrongfully applied to the
listed in the civil (penalty assessment cloc:u!,ie tl;
mental damage resulting from the violation (a".e explain the
took to Correct the violation and prevent finure crc.°currences,),
payment of
EXPLANATION:.
advertent or a result of an accident (i.e., e_aplain vv°lt .the violat
prevent r r pr•epore.,,t prl,.
ad not been assessed civil penalties for any previous violations.,
penalty will prevent payment for the remaining necessary remedial action
,il penally drill prevcn
.. ning the activities necessary to achieve

I AT . OF NORTH (A ONA 1)I PART
t. tt1 (" "Y OE
°1" NE,Y
Pik 1"Ill i .,1 11 R 1" AS SME N` )
( 1' 1IwIlNA 1„T't1,stOOAIN .1
City of Albemarle
Long "reek W't 'TI
NO,NCO() 2 4244
) been ass
penal
Res d
right to an admin
sessrarent document,.
renaissican of'tlals civil penalty must be scrhraratted to the
of receipt of the notice of assessment. No n
f °c rrr the recall. caf flee notice cai" a ecsraa r
vidence in su1ac.
NMENT f., t.1 1..1T Y
WAIVER ER RIr I -IT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. TV- 20-00 0
6,1 15.'76 fcar• 101atita
1120, tlme ttrad:r
s) as set tcartta rr tt
ed, des arra tea see',
the ahcave stated matter and does
ed further nraelerestands that all evld
asse
vision eat v"ater i ct^ taur°a+
errtisicata rcuest a will he
ADDRESS
SRC r\TLIRE
doc
of the civil
t0 Facts a
in support of
ithin thirty 0) dray°
ed after (30) clays
I ONE
does

PER IT: NC0024244
FACILITY: Long Creek TF
ATTACHMENT A
City of AIb rn rl
CASE NUMBER: LV-2020-0060
ITVIOLATIONS)
REGION: Wore wille
COUNTY: Stanly
SAMPLE LOCATION: Outten 001 Effluent
Violation Report
Unit of L.irnit Calculated %Over Violation Penalty
Date onth/Yr Parameter Frequency Mea ure Value Value L; rr i Type Amount
2/2/2019 2-2019 Nitrogen, Ammonia
Total (as N) -
Concentration
rugs"l
2/9/2019 2-2019 Nitrogen, Ammonia 5 X week mg/I
Total (as N) -
Concentration
6t2019 2-2019 Nitrogen, Ammonia
Total (as N)
Concentration
5 ?-week
.8; 75,8 Weekly
Average
Exceeded
$500.00
8.2 148.5 Weekly
Average
Exceeded
8.45 155. Weekly
Average
Exceeded
2/23/2019 2-2019 Nitrogen, Ammonia 5 X week
Total (as N)
Concentration
330
4.21
27.6
$500.00
$ 00.00
Weekly
Average
Exceeded
$500 00
2/28/2 19 2-2019 Nitrogen, Ammonia i 5 X week mg/l 1,10 6,19 468.1 Monthly
Total (as N) Average
Concentration Exceeded
2/23/2019 2-2019 Solids, Total
Suspended ,-
Concentration
2/28/2019 2-2019Solids, Total
Suspended-
Concentration
5 . week mg/I 45 48.4 7 .6 Weekly
Average
Exceeded
5 X week mg/
$2, 000, 00
$0.00
30
41 66
Monthly $2,000.00
Average
Exceeded

Certified Mail # 7017 2620 0000 6788 9946
Return Receipt. Requested
November 26, 2019
Mr. Michael Ferris, City Manager
City of Albemarle
PO Box 190
Albemarle, NC 28002-0190
SUBJECI : NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2019-LV-0292
Permit No. NC0024244
Long Creek WWTP
Stanly County
Dear Mr. Ferris:
On April 23, 2019, a Notice of Violation & Intent to Assess Civil Penalty was issued for review of February 2019
Discharge Monitoring Report (DMR) violation(s). It was noted that parameter limits were for summer limits and
not winter limits. Our apology for the mix-up and any inconvenience this may have caused. Below are the
corrected winter parameter limits violations reported for February 2019:
Limit Exceedance Violation(s):
Sample
Location Parameter
Limit Reported
Date Value Value Type of Violation
01 Effluent Nitrogen, Ammonia Total (as 2/9/2019 7.8 8.2 Weekly Average Exceeded
N) - Concentration (C0610)
001 Effluent
001 Effluent
Nitrogen, Ammonia Total (as
N) - Concentration (C0610)
solids, Total Suspended -
Concentration (C0530)
019
019 45 48.4 Weekly Average Exceeded
8.45 Weekly Average Exceeded

Limit Exceedance Violation(s):
Sample
Location Parameter
Limit Reported
ate Value Value Type of Violation
001 Effluent Nitrogen, Ammonia Total (as 2/28/2019 2.6 6,19 Monthly Average Exceeded
N) - Concentration (C0610)
001 Effluent Solids, Total Suspended - 2/28/2019 30 41,66 Monthly Average Exceeded
Concentration (C0530)
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215,1 and the facility's NPDES WW Permit. Pursuant to G.S. 143-215.6A, a civil penalty of
not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or
fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215.1.
If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A
review of your response will be considered along with any information provided on the submitted Monitoring
Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no
response is received in this Office within the 10-day period, a civil penalty assessment may be
prepared.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems,
and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent,
Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit,. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
If you have any questions concerning this matter or to apply for an SOC, please contact Roberto Scheller of
the Mooresville Regional Office at 704-663-1699,
Sincerely,
ElocuSign,cd tor
E1,444,44/ 1'1 P4444
F1614,4369A208443
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Mooresville Regional Office - Enforcement File
Laserfiche
for

Facility Name: Long Creek \VW FP
Report Period: Februar), 2(19
DMR REVIEW RECORD
Mooresville Regional Office
Permit Number: NC0024244
Prior Assessments: 0 Enforcement Factor: 1,00
Outfalt # Outfall Description
Waterbody Name
Waterbody
Classification
001 Effluent to Long Creek
Long Creek
Monthly Average • 'it Violations
Sample Location: Outfall 001 - Effluent
Violation Unit of Limit Calculated % Over
Date Parameter Frequency Measure Value Value Limit
2128/2019 Nitrogen, Ammonia Total (as N) - 5 X week mgfl -4-1.0 6 20 463 1
Concentration
2/28/2019 Solids, Total Suspended 5 X week mg/I 30 41 70 38 9
Concentration
Week Avera.ge Limit Violations
Sample Location: Outfall 001 - .Effluent
Violation Unit of Limit Calculated % Over
Date Parameter Frequency Measure Value Value Limit
2/212019 Nitrogen, Ammonia Total (as N) - 5, X week mg/ 9.79t 75,8
Concentration 1
2/9/2019
Nitrogen, Ammonia Total (as N) -
Concentration
216/2C19 Nitrogen Ammonia Total (as N) -
Concentration
2/2312019 Nitrogen, Ammonia Total (as N) -
Concentration
5 X week mgil
8 20 4-413-7-
!St
5 X week mgi 8 50 155 9
Y,r
5 X week mg/I -37GP 428' 27 6
Action
Action
2/23/2019 Solids, Total Suspended -
Concentration
5 X week rrigil 45 48 40 7 6
0
Page 1 of 4

Other =lolatir flS/ to f enrarks:
pieced by: Date
Assistant Regional
na€
Supervisor Sign -off: hate:
Regional Supervisor
Sign -off:
Date:
Page 2of4

Prior 12-Month Enforcement History
Permit Number: NC0024244 Report Period: February 2019
Limit Violation
Sample Location: Outfall 001 - Effluent
Violation Report
Date Period Parameter
11 it '7;2018 11-2018 Coliform, Fecal MF, MFC
Broth, 44 5 C
Violation
Type
Weekly Geometric
Mean Exceeded
NO0
NOD-2019-LV-0010
NOV CPA
11130/2018 11-2018 Nitrogen, Ammonia Total (as
N1- Concentration
Monthly Average
Exceeded
NOD-2019-LV-0010
1/512019 1-2019 Nitrogen, Ammonia Total (as
N) - Concentration
Weekly Average
Exceeded
NOV-2019 V-0187
1/12/2019 1-2019 Nitrogen, Ammonia Total (as
N) - Concentration
Weekly Average
Exceeded
NOV-2019-LV-0187
1/19/2019 1-2019 BOD, 5-Day (20 Deg C)
Conwaltration
Weekly Average
Exceeded
NOV-2019-LV-0187
1/19/2019 1-2019 Nitrogen, Ammonia Total (as
N) - Concentration
Weekly Average
Exceeded
NOV-2019-LV-0187
1;26/2019 1-2019
BOD, 5-Day (20 Deg. C) -
Concentration
Weekly Average
Exceeded
NOV-2019-LV-
1/26/2019 1-20'19 Nitrogen, Ammonia 'Total (as
N1 - Concentration
Weekly Average
Exceeded
NOV-2019-LV-0187
1126/2019 1-2019 Solids, Total Suspended -
CoRamtration.
1/31/2019 1-2019 BOD, 5-Day (20 Deg C) -
Concentration
Weekly Average
Exceeded
Monthly Average
Exceeded
NOV-2019-LV-0187
NOV-2019-LV-0187
1/31/2019 1-2019 Nitrogen, Ammonia Total (as
N) - Concentration
Monthly Average
Exceeded
NOV-2019 LV-0187
1/31/2019 1-2019 Solids, Total Suspended -
Concentration
Monthly Average
Exceeded
NOV-2019-LV-0187
12/1/2018 12-2018 Nitrogen, Ammonia Total (as
N) - Concentration
Weekly Average
Exceeded
NOV-2019-LV-0102
12/8/2018 12-2018 Nitrogen, Ammonia Total (as
N) - Concentration
Weekly Average
Exceeded
NOV-2019-LV-0102
12/15/2018 12-2018 Nitrogen, Ammonia, Total (as
N) Concentration
Weekly Average
Exceeded
NOV-2019-LV-0102
12/22/2018 12-2018 Nitrogen, Ammonia Total (as
N) Concentration
Weekly Average
Exceeded
NOV-2019-LV-0102
12/29/2018 12-2018 Nitrogen, Ammonia Total (as
N) - Concentration
Weekly Average
Exceeded
NOV-2019-LV-0102
12/31/2018 12-2018 Nitrogen, Ammonia Total. (as.
N) Concentration
Monthly Average
Exceeded
NOV-2019-LV-0102
Page 3 of 4

it Violation
Sample Location; Outten 001 - Effluent
Violation Report
Date Period are
4/2812018 4-20t 3 F. l , 5-Day t20 Deg C;C .
Concentration
eekiy Average
Exceeded
4/30/201 £S 4-201
BC'sr?, 5-Day (20
Concentration
Eton€rrtly Average
Exeded
NOV-2018
11-0
4E30/201 4...201 Nitrogen, Arnmoni
N)- Concentration
5 `12/2018
Nitrogen, Ammonia T`r
N} -. Concentration
Monthly Overage
Exceeded
VVeekly Average:
r x wind
5131/2018 5 2018 Nitrogen, Ammonia Total (as IMlontNy Average
Outer Violation
N) -. Concentration
Exoeeded
NOV-201 tt l V-0t1.5
N(V 2CI1tt-LV-11
NCO-201 L`2 0158
rrpi e Locaton:.
Violation Report
Date Period Pararri
3113l2018
Violation
Type NOD NOV CPA
Violation denuded
during in pecnon
NC V-2tittt-PCC-t1ba3P
Page 4 of

DIVISIC)N OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: City of Albemarle
Facility Name: Long Creek WWTP
Permit Number: NC0024244
County: Stanly
Case Number: LV-2020-0060
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the. public health, or to private
property resulting from the violation; Nune documented. However, t
naturat res( rces,.
2) The duration and gravity of the violation; As doe
Attached A
3) The effect on ground or surface water quantity or quality or on
i °har c r?, tr`c to°ci effluent in aver°ss 0
4) 'The cost of rectifying the damage; t°nknown
The amount of money saved by noncompliance.; litalcn yr
6) 'Whether the violation was committed willfully or intentionally; Not suspected to he FsitIh
fluent in excess
dorutn nte�.la
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Mannagement Commission has regulatory authority; and
f': i r v oL or : error ted :tt cl tcltlr cksscct. St.1Q"
8 The cost to the State of the
S115.76
2/5/2020
Date
ore
t procedures..
Docu5i n d by:
A14CC681AF2' 425...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ